UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE. Case No.

Transcription

1 WORDLOGIC CORPORATION, a Nevada corporation and 01 BRITISH COLUMBIA LTD., a Canadian corporation, v. UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE Plaintiffs, TOUCHTYPE LIMITED d/b/a SWIFTKEY, a Delaware corporation, Defendant. Case No. COMPLAINT FOR PATENT INFRINGEMENT DEMAND FOR JURY TRIAL Plaintiffs WordLogic Corporation ("WLC") and 01 British Columbia Ltd. ("01") (collectively "WordLogic") for their complaint against defendant TouchType Limited d/b/a SwiftKey ("SwiftKey"), allege as follows: I. NATURE OF THE ACTION 1. This is an action for patent infringement under U.S.C. 1, et seq.. This action arises out of the activities of defendant SwiftKey, relating to the making, selling, offering for sale, licensing, and/or using predictive text technology for computer devices in the United States that constitutes direct or indirect infringement of one or more claims of United States Patent,, entitled "Method, System, Apparatus and COMPLAINT FOR PATENT INFRINGEMENT - 1 T: () - F: () -

2 Computer-Readable Media For Directing Input Associated with Keyboard-Type Device" (the " ' Patent") (a true copy of the ' Patent is attached and marked Exhibit A). II. PARTIES. Plaintiff WLC is a United States corporation (Nevada) with a principal place of business at 0 West Pender Street, Suite 0, Vancouver, British Columbia VE A Canada.. Plaintiff 01 is a Canadian corporation with a principal place of business at 0 West Pender Street, Suite 0, Vancouver, British Columbia VE A Canada. Plaintiff 01 is a wholly owned subsidiary of WordLogic. Plaintiff 01 is the owner of the ' Patent, which is corroborated by the U.S. Patent and Trademark Office Assignment Branch records. See b=&asnr=&asnri=&asne=&asnei=&asns=.. On information and belief, defendant SwiftKey is a United States corporation (Delaware) with a principal place of business at Lawn Terrace, London, United Kingdom SE LL and 1 Hamilton Ave, Suite, Palo Alto, California 01. III. JURISDICTION AND VENUE. This is an action arising under the Patent Laws of the United States, Title of the United States Code, particularly, including U.S.C. 1, 1,, and. This Court has subject matter jurisdiction over this action pursuant to U.S.C. and 1.. The acts and transactions complained of herein were carried out, made effective, and had effect with the State of Washington and within this District, among other places. Venue in this District is proper under U.S.C. (b), (c), and 0(a) because WordLogic is informed and believes that defendant SwiftKey has committed acts of infringement in the State of Washington and in particular in King County. Further, SwiftKey's COMPLAINT FOR PATENT INFRINGEMENT - T: () - F: () -

3 website is directed to predictive text technology for computer devices, particularly mobile smartphones, throughout the country, including users residing in this judicial district. WordLogic is informed and believes that SwiftKey willfully infringed the patent and that such infringement arose out of transactions and occurrences in King County. IV. FACTS. WLC is a world leader in predictive text technology for computerized devices. Predictive text technology predicts letters, words and short phrases when the user types in a letter or a few letters on a keyboard. Once an initial letter has been typed, the software predicts the next most probable letters, as well as other most likely word choices.. WLC has been licensing and/or selling its predictive text technology since 01. WLC operates its website for information about its predictive text technology. WLC owns many patents and pending patent applications. Many of the patents are foundational. The ' Patent, attached as Exhibit A, is foundational.. The ' Patent is directed to computer implemented method and system claims directed to predictive text where processing input key events associated with user input that are received, monitored, redirected from a Process A to Process B. Process A, which may be a text messaging application, has its input redirected to Process B, which may be a text prediction algorithm process or a text (e.g., spelling) correction algorithm process. Process B analyzes the input from a user and then output the predicted text which can include (a) the letter that was typed with no modifications, (b) a full word which was guessed, or (c) a corrected word which was guessed to remove incorrectly typed words. The input events from Process A are redirected to Process B for it to form these predictions or corrections.. The ' Patent is valid and enforceable. 1. SwiftKey has been in business since 0. SwiftKey, which operates the website, is also a world leader in predictive text technology for computerized devices and is a direct competitor of WLC. Upon information and belief, COMPLAINT FOR PATENT INFRINGEMENT - T: () - F: () -

4 SwiftKey has copied many functional aspects and design features of WLC's predictive text technology. 1. SwiftKey is aware of WordLogic's patents and has been in license discussions with WLC, including licensing the ' Patent. License discussions broke down, yet SwiftKey has not terminated using, manufacturing, licensing, selling, or offering for sale its predictive text technology that infringes the ' Patent. 1. At a minimum, SwiftKey: processes input key events associated with user input from a keyboard/keypad type device; receives input key events that are associated with a first process (process A); monitors the input key events for a first predefined input key event of a keyboard-type device for at least a predetermined time period; redirects the input key event from a first process to a second process (Process B) but not to the first process (Process A); monitors the input key event for a second predefined input key event; and redirects input key events to another process in response to identifying the second predefined input key event. 1. WordLogic has not granted SwiftKey permission to license, to make, use, sell, or offer for sale any claim of the ' Patent. V. CAUSE OF ACTION INFRINGEMENT OF U.S. PATENT NO.,, 1. Incorporates by reference paragraphs 1 through 1 as if fully set forth herein. 1. SwiftKey's activities in the United States relating to predictive keyboard technology for mobile smartphones and tablets constitutes direct, contributory and/or inducement of infringement of one or more of the claims of the ' Patent.. On information and belief, SwiftKey has knowledge of the ' Patent and, despite such knowledge, continues to make, use, sell, offer for sale, or license, either directly or through others, its infringing predictive keyboard technology.. SwiftKey's infringement of the ' Patent is willful. COMPLAINT FOR PATENT INFRINGEMENT - T: () - F: () -

5 VI. JURY DEMAND. Plaintiff demands a trial by jury of all matters to which it is entitled to trial by jury. VII. PRAYER FOR RELIEF WHEREFORE, plaintiff requests that a judgment be granted in its favor as follows: A. That defendant SwiftKey has infringed and continues to infringe one or more of the claims of the ' Patent; B. That defendant SwiftKey and all related parties be preliminarily and permanently enjoined from further infringement of the ' Patent; C. That defendant SwiftKey be ordered to account for and pay plaintiffs actual and exemplary damages to compensate plaintiffs for defendant's acts of infringement, but in, any event, no less than a reasonable royalty pursuant to U.S.C. ; D. That the Court find that the defendant SwiftKey willfully infringed the ' Patent; E. That the Court award treble damages for willful infringement pursuant to U.S.C. ; F. That this case be deemed exceptional and that plaintiffs be awarded their costs and reasonable attorneys' fees pursuant to U.S.C. and other applicable statues; and G. That the Court grant such other and further relief as it may deem just and proper. COMPLAINT FOR PATENT INFRINGEMENT - T: () - F: () -

6 DATED this 1 th day of July, 1. By: s/ Brian W. Esler By: s/ Kathleen T. Petrich Kathleen T. Petrich, WSBA No. 1 Brian W. Esler, WSBA No Two Union Square 01 Union Street Seattle, Washington 1 Telephone: () - Facsimile: () - kathleen.petrich@millernash.com brian.esler@millernash.com COMPLAINT FOR PATENT INFRINGEMENT - T: () - F: () -